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LunarEclipse

If you're fired can you get California EDD unemployment benefits?

So I got let go from my warehouse job last Tuesday and I'm sitting here trying to figure out if I'm even eligible for unemployment. My supervisor basically said my performance wasn't meeting standards but honestly the whole situation felt really unfair - they kept changing my shift schedule without notice and then dinged me for attendance issues that were partly their fault. I worked there for almost two years full time so I know I have enough work history. When I went to file on the California EDD website it asked me why I'm no longer working and I picked 'discharged/fired' and now I'm scared that automatically disqualifies me. Does being fired automatically mean I can't get UI benefits in California? Or does it depend on the situation? I don't want to waste time filing if I'm just going to get denied anyway.

Getting fired does NOT automatically disqualify you from California EDD unemployment benefits - this is one of the biggest misconceptions out there. The key question California EDD looks at is WHY you were fired. If you were let go for something like general performance issues, company downsizing, not being the right fit, or attendance problems that weren't entirely your fault, you can absolutely still qualify. You only get disqualified if EDD determines you were fired for 'misconduct' - and misconduct has a specific legal definition. Things like consistently violating a known company policy, stealing, or intentionally harming the employer can count as misconduct. But just 'not meeting performance standards' usually doesn't rise to that level. File your claim and be honest about what happened. EDD will contact your former employer to get their side too, then make a determination. If they decide it was misconduct, you can still appeal that decision.

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This is really reassuring, thank you. So even though I selected 'discharged' it doesn't mean I'm automatically denied? I was so worried I wasted my time filing.

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yeah what they said is correct, my buddy got fired for 'poor performance' last year and still got his benefits after like 2 weeks of waiting

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Just to add - make sure you respond quickly if California EDD sends you a questionnaire asking for more details about your separation. Missing that deadline can hurt your claim even if you'd otherwise qualify.

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The discharge vs. misconduct distinction is everything with these claims. California EDD has to investigate and prove misconduct - the burden isn't on you to prove you DIDN'T commit misconduct. So your former employer would need to provide documentation showing you willfully violated company policy or something along those lines. Attendance issues caused by schedule changes they made? That's going to be really hard for them to frame as misconduct on your part. Document everything you remember about why the schedule changes happened and how they contributed to the attendance issues - dates, what was communicated to you, etc. That paper trail will help if it goes to adjudication.

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I still have some texts from my supervisor about the schedule changes. Should I upload those somewhere or wait until they ask?

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Hold onto them for sure. If your claim goes into adjudication or you get a disqualification notice, those texts could be really valuable for an appeal. Don't delete anything.

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wait what is adjudication exactly? does that mean youre denied or its just being reviewed??

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I went through almost the exact same thing six months ago - fired for attendance after my manager kept scheduling me outside my availability that I'd submitted in writing. Filed my claim, it went into adjudication for about three weeks, and I was honestly losing my mind trying to get someone at California EDD on the phone to find out what was happening. Kept getting the 'we're experiencing high call volume' message and getting disconnected. Someone in a thread like this actually told me about Claimyr (claimyr.com) - basically it holds your place in the California EDD phone queue and calls you back when an agent is available. There's a video showing how it works at https://youtu.be/JmuwXR7HA10. I was skeptical but I was desperate and it actually worked - got a live EDD agent on the line within a couple hours. The agent told me my claim was fine and just processing normally. Got my first payment about a week later.

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Three weeks of adjudication sounds awful. Did the agent actually help resolve anything or just give you status info?

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Honestly mostly just status info but that alone was huge - I went from panicking thinking I was denied to knowing it was just a processing delay. Peace of mind is worth a lot when you're waiting on money you need.

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I've heard of Claimyr but never tried it. Does it actually get you a real agent or just some automated system?

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Real live agent, same as if you'd called and somehow gotten through yourself. The claimyr.com site explains it better than I can but yeah it's not just another automated thing.

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adjudication just means theyre investigating your claim more closely right? like its not a denial its just a hold? asking because mine says that too and im freaking out

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Correct - adjudication means EDD is reviewing the details of your claim before making a determination. It does NOT mean you're denied. It's common when there's any kind of separation issue (being fired, quitting, disputes with employer). Just make sure you keep filing your weekly certifications even while in adjudication - if you stop filing and then get approved you could lose those weeks of benefits.

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omg thank you i almost stopped filing because i thought it was pointless. continuing now

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This is so important - NEVER stop filing weekly certifications while waiting on adjudication. So many people make this mistake and then lose weeks of back pay they were owed.

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Can I ask what happens if EDD decides it WAS misconduct? Is that just totally game over or can you fight it?

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You can absolutely appeal a misconduct disqualification. You have 30 days from the date on the Notice of Determination to file an appeal. The appeal goes to the California Unemployment Insurance Appeals Board (CUIAB) and you get an actual hearing with an Administrative Law Judge. Bring documentation, be specific about dates and facts, and explain your side clearly. Many misconduct determinations get overturned on appeal.

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Okay good to know. My situation is kind of borderline so I wanted to know my options before I even get the determination.

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If you end up needing to appeal, the hearing is less formal than it sounds. You can represent yourself. Just be factual and specific, not emotional, and bring whatever documentation you have.

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I'll be honest I always assumed if you got fired you just couldn't get unemployment, period. Didn't know it depended on the reason. The more you know I guess. California EDD really doesn't make this stuff easy to understand from their website either.

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SAME. I spent like an hour on the EDD website and couldn't find a clear answer, which is why I ended up posting here.

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their website is honestly terrible for actually explaining eligibility in plain english. forums like this are way more helpful

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One thing to be aware of: after you file, EDD will mail a questionnaire to both you and your former employer asking about the circumstances of your separation. Fill yours out completely and honestly - don't minimize or exaggerate. Explain the schedule change situation clearly and factually. Your employer has to respond too, and if their response contradicts yours significantly, that can trigger a phone interview with an EDD interviewer before they make a determination.

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How long do I have to return the questionnaire? I want to make sure I don't miss any deadlines.

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The form will have a deadline on it - usually around 10 days. Open any mail from EDD immediately and respond as fast as you can, don't wait until the deadline.

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wait they mail it? not email? I'm terrible at checking my physical mail, this is stressing me out now

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just file and see what happens, worst case they deny you and you appeal. sitting around wondering about it doesn't pay your bills lol

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Already filed! Just waiting now and worrying about every possible outcome haha

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lol classic, good luck though seriously

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Something worth knowing about the 'misconduct' standard in California specifically - courts here have interpreted it pretty narrowly in favor of claimants. Simple negligence, poor performance, or even a single isolated incident usually won't qualify as misconduct under California UI code. The employer needs to show you KNOWINGLY violated a policy you were aware of, or that your behavior showed a willful disregard for your employer's interests. The attendance situation you described - especially if schedule changes were documented - sounds very far from that bar.

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This is making me feel a lot more confident. I never intentionally violated any policy - the schedule thing was legitimately confusing and I flagged it to my supervisor multiple times.

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Good info. My situation involved me getting into an argument with a coworker - nothing physical - and I'm trying to figure out if that crosses the misconduct line.

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Arguments alone generally don't constitute misconduct unless they were severe and repeated or crossed into harassment/threats. Document your perspective on what happened and how the company handled it.

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I was fired last year and EDD denied me saying it was misconduct and honestly the whole system felt rigged. My employer lied in their response and EDD just believed them over me with no real investigation. I appealed and it got overturned eventually but it took FOUR MONTHS. The whole system is a nightmare.

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Four months is really scary. Did you have to pay back any benefits or did they just not pay you during that time?

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They don't pay you during the appeal period unless you win, which I did, and then they back-paid everything at once. So I went four months with zero income. It was brutal.

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This is why it's worth trying to reach a live EDD agent when you can to at least understand where your claim stands. Waiting blindly is the worst part.

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That's exactly what drove me to try Claimyr when my claim was stuck. Even just having ONE conversation with an agent who could confirm what was actually happening made the waiting so much more bearable. claimyr.com if anyone needs it - and that video at https://youtu.be/JmuwXR7HA10 shows the whole process.

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does your employer find out you filed for unemployment? like will they be notified?

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Yes - when you file a claim, California EDD does notify your former employer so they can respond about the reason for separation. This is standard and required by the process. It's not something to worry about though - you have the right to file, and most employers expect it when they let someone go.

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ok good to know, I was thinking of filing but didn't want my old job to find out for some reason. but yeah makes sense they'd have to know

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Make sure you're set up on UI Online through the California EDD website to manage everything digitally - your weekly certifications, correspondence, payment status, etc. You can see exactly what stage your claim is at. Also set up the EDD Debit Card or direct deposit early so there's no payment delay once you get approved.

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I set up UI Online when I filed, is that the same thing? And I picked direct deposit to my bank account.

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Yep that's the same thing - you're all set then. Direct deposit is definitely the faster option. Just make sure your bank account info is entered correctly because errors there can delay payment.

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What's the weekly benefit amount typically for California? I know it varies but is there a ballpark

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California EDD calculates your weekly benefit amount based on your earnings during a 'base period' - generally the 12 months before your claim. The formula uses your highest earning quarter. The current maximum weekly benefit in California is $450. You can estimate your amount using EDD's online calculator before you even file.

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$450 max seems low for California living costs but I guess it's something

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Yeah it really doesn't go far here but it's definitely better than zero while you're job searching

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okay update on my own situation since I posted in here earlier - my claim came out of adjudication today and I was approved! for anyone else waiting and panicking, it CAN work out even when you're fired. kept filing every week like people said and it paid off

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This gives me so much hope thank you for updating!! Congrats!

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Happy for you! Yeah keeping up with the weekly certifications is crucial, glad it worked out

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thanks everyone in this thread honestly, would have stopped filing without the advice here

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I feel like nobody talks about how important it is to actually answer the employer questionnaire really carefully. I helped my sister with hers when she got fired and we spent like two hours writing out her response making sure every fact was accurate and in chronological order. She got approved in like 10 days. The questionnaire is your chance to tell your side.

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Two hours sounds like a lot but honestly probably worth it. Did she have documentation to support her response or just her account of what happened?

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Mostly just her account but it was very detailed and specific with dates and what was communicated to her. EDD seemed to accept it. Her employer didn't even respond apparently.

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That's actually common - many employers don't respond to the EDD questionnaire, especially larger companies. If they don't respond, EDD generally has to go with your version of events.

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What if I already told EDD it was 'lack of work' instead of being fired because I was embarrassed about it. Will that cause problems??

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You should correct this as soon as possible. EDD will verify the separation reason with your employer, and if your response contradicts theirs it can trigger fraud flags which is way worse than just being honest about being fired. Call EDD or send a message through UI Online to correct the separation reason before they contact your employer. Honesty is always the better path here.

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oh god okay calling first thing tomorrow. thank you

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Definitely fix it quickly - providing a false reason for separation is considered fraud and can result in repaying benefits plus penalties. Not worth it when being fired for performance reasons often still qualifies you anyway.

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I tried to call California EDD like eight times yesterday to check on my claim status and kept getting hung up on before even reaching a person. It's genuinely one of the most frustrating things I've ever experienced dealing with a government agency.

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EDD's phone system is notoriously bad and has been for years. If you really need to reach a live agent, I'd look into Claimyr (claimyr.com) - it essentially navigates the EDD phone system for you and has you called back when an agent is available instead of you sitting on hold or getting disconnected. Saved me so much frustration when my claim was processing. They have a video showing how it works: https://youtu.be/JmuwXR7HA10

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I've seen this mentioned a couple times in this thread, might actually try it. The phone situation is making me more stressed than the actual claim

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The EDD phone system feels deliberately designed to exhaust you into giving up. I genuinely believe that. Anything that gets you through to an actual human being is worth trying.

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Quick question for the knowledgeable people here - if fired can you get unemployment even if you only worked somewhere for like 6 months? Does time matter?

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What matters more than duration at your most recent job is your total wages earned during the base period (roughly the past 12-18 months across all employers). You need to have earned at least $1,300 in your highest earning quarter OR at least $900 in your highest quarter AND total base period earnings of 1.25x your high quarter earnings. Six months of full-time work usually meets these thresholds but the calculator on EDD's website can confirm.

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Okay so it's about total wages not just the one job, good to know. I've had a couple jobs this year so hopefully the combined earnings work in my favor.

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UPDATE: I got my determination letter today and I was approved even though I was fired. They determined it was not misconduct. For anyone in the same boat - don't give up before you even try. The system isn't perfect but it does work sometimes.

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Another good update! This thread has been so helpful, now just waiting on mine. Fingers crossed!

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Good luck, hope yours comes through soon too!

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congrats!! this is reassuring honestly

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Final update from me - just got my determination letter approved after about 18 days. No adjudication, no phone interview, just the standard processing time. They found no misconduct on my part. First weekly payment should hit my bank account in a few days. Thank you everyone in this thread for talking me through it - I almost didn't file at all because I assumed being fired meant automatic disqualification. PLEASE file if you're in this situation, it's absolutely worth it.

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So happy to hear this! And yes, this is such a common misconception that stops eligible people from filing. Being fired does NOT equal automatic disqualification in California. Glad you got the outcome you deserved.

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Really glad it worked out faster than mine did. Congrats, and hope the job search goes well.

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Great news! For anyone who finds this thread later going through the same situation - file your claim, keep certifying weekly, respond to everything EDD sends you promptly, and if you need to actually talk to someone use Claimyr at claimyr.com to get through the phone system. The video at https://youtu.be/JmuwXR7HA10 explains how it works. You've got options.

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